Joe Biden harped on junk fees during the State of the Union. While I do not think it is the problem of our time, I take things in the reference class of resort fees, or fees to have adjacent seats on an airplane, and other such unbundling (and bundling) surprisingly seriously. I am putting up my thoughts here so I have a reference to fall back upon.
Matt Yglesias has a post defending Biden’s particular choices as smart economics in addition to smart politics.

I frame the core issues differently. I’d start with: The general principle of ‘no hidden charges’ becomes important when people are making online choices on the basis of headline costs, in ways that are structured to provide little extra information. The advantage of having a lower headline price is huge, and reputational effects aren’t powerful enough to fix this.
More price transparency in these spots is a strictly better equilibrium. Even the companies charging junk fees would often prefer everyone not be allowed to do this. Given others are doing it, they can’t afford to be left behind.
Matt talks a bunch about ‘unbundling.’ You used to get your meal and checked bags free with your flight. Now they cost money.
Which way is better, and is there a bias pushing us too far in one direction? How are different situations different?
Bundling Versus Unbundling
There are at least four advantages to unbundling.
- An illusion: Fooling the customer into thinking your product is cheap.
- Efficiency: Not having to provide things people don’t value. If it costs $5 for the airline to provide an extra meal, and you charge $0 for it, some people who value the meal at $1 (or $-2) will accept it, and perhaps only eat one little thing. Also, if there is a limited supply of a complementary asset like the overhead baggage compartment, the only efficient way to allocate that space is with a fee.
- Obligation: Not making people feel obligated to use things they don’t value. The flip side of the same coin. If you provide something for free, people often feel obligated to use it, either out of avoiding waste, politeness or not being a chump. If people see this as them being forced to buy the ‘free’ thing, this can also cause them to feel like they’re being cheated or getting a bad deal, the way I find it annoying when I can’t get a burger without it including French fries.
- Price discrimination: You can charge far more than marginal cost for the extra feature, because this maximizes revenue while letting others in on the cheap. The problem is this means that a bunch of people then miss out on value that would have been worth providing, as the cost of enabling this.
We have the bias of ‘make the headline price look low’ and especially ‘rank first on a sorted-by-price list of options’ pushing us towards too much unbundling. We also have price discrimination pushing towards too much unbundling. If you charge too much for a feature in order to milk revenue, that can be as or more destructive than not charging enough.
There are also at least four advantages to bundling.
- Free feels great. People love free, and hate not free. They hate feeling tricked or taken advantage of, and it ruins experiences.
- People hate fees and additional costs, even when they represent real additional costs. This reaction is a real cost, as Amazon knows well, see meme below.
- Choices are bad. People hate having to make choices, and feel especially bad when they have to spend more money in a way that feels like a choice, especially on something that feels selfish (with obvious exceptions, of course).
- Sometimes people won’t spend money on something without experiencing it, since they don’t know its value, but will appreciate it once provided. Or they would not enjoy something like the chocolate on their pillow if they spent money on it, but would enjoy it if it was free. A nice touch.

I support this meme, except completely unironically.
Some general principles here.
- If algorithms are sorting or customers are choosing largely via headline price, it is good for everyone to make that headline price reflect true cost.
- Ceteris paribus, the closer marginal price is to marginal cost, the better.
- Keep it simple, choices are bad, people hate fees and love free and love easy.
- If supply of the complement is inherently limited, fees are good.
- Price discrimination at its best charges a lot more for the tweaks that make something the very best, while giving most of the value away for the lower price or for free, because most things that are valuable are very very valuable to those who value them most.
Regulatory Response
Where is the role of regulation here? Would bans be useful?
Certainly they are with the ‘resort fee’ style fees that are pure fraud. You pretend to charge me X, then tack on mandatory charge Y after I’ve locked in my choice. This should clearly not be allowed. I do not even understand why one needs a law here at all. To me this should be illegal as fraud, pure and simple, although I know it does not work that way.
So I would pass a law to make it effectively work that way. I would propose this law: There can be no mandatory additional fees charged, ever, for anything, not included in the quoted up front price. All quoted prices must be inclusive of all mandatory charges.
There would need to be some technical language after that to determine what counts as mandatory (e.g. to stop things like ‘you can get that fee waived if you fill out forms X513 through X571, and deposit them in triplicate in the basement with no working lights past the sign saying beware of the leopard’ or ‘your car does not need breaks, it would stop on its own eventually.’) Probably a ‘reasonable person’ standard.
One interesting case to think about is printers and ink. The model is typically to get consumers to buy the printer, then make your money on the ink, while intentionally crippling compatibility so they have to buy your expensive ink.
When you go to buy a printer, the default behavior is not to factor in how much ink it comes with, or how efficiently it uses it, or how much they are going to hold you up for additional ink. This pushes us towards the equilibrium of the printer itself being almost free, or even less than free. It would perhaps be good to say that listings have to include typical cost of use in some way, at least for products from large firms.
The question is then what we do about regular relatively non-fraudulent unbundling, like charging for families to sit together on planes.1
In that particular case, there is a strong policy argument that we should not be price discriminating against families with young children in particular.
What is more interesting is the general case where that special logic does not apply. What then? How much such price discrimination, and how much presenting of a bare bones package, should be allowed?
There are a few possibilities.
- Require listing the price inclusive of a set of standard features, with or without an exception for explicit labeling that one or more is missing on a case by case basis.
- Require listing at a price that at least a large percentage of users actually pay, or the median or mean, in addition to the headline price, in as large or larger print, and require sorting that way be the default.
- Require aggregation sites and services to list prices and have default sort options based on true cost or similar offerings, and perhaps impose similar rules on advertising, while letting the companies do what they want on their own sites. Stores that sell competing third party devices are an interesting question here.
- Do nothing, to avoid stifling innovation and competition.
My instinct is to lean towards primarily using something similar to approach three to limit unbundling pressures while avoiding being too heavy handed and tying the hands of future innovation.
The Other Side of the Coin
Calls for intervention often oscillate between demands for bundling and demands for unbundling, including calling perfectly normal helpful things monopolistic behavior.
Cable companies are forcing you to pay for channels you don’t want. Cable companies are using unbundling to mislead customers and charge extra for basic channels everyone should have. Pick today’s version.2
Something I realized writing this is that this is not as much a contradiction as it seems. Many of the complaints are the same, only framed differently.
You can’t buy a ticket on United and then seat selection from Delta. You have a bundle, where if you buy Acme’s X you now only Acme can supply you with Y, except also you have an unbundle where they hide that X requires or very much wants Y and that they’ve jacked up the price of Y.
If you bundle your printer with its ink, that might be predatory behavior. If you bundle your printer with its ink and then unbundle them to hide that you are doing it, that is worse.
Thus, I think we should relatively aggressive about reasonableness and deception when someone is both bundling and then unbundling in these ways. If they are doing one but not the other, that seems a lot more friendly.
The other other side of the coin is that there is a strong prior that, however much the market might naturally botch something, we should be super cautious about saying ‘market failure!’ and thinking that in practice we can impose rules and make things better. What you actually get will be so much worse than you expect, and lead to other things so much worse than one would expect. I am very sympathetic to this warning, which would suggest clarifying what counts as fraud to be more inclusive and otherwise staying out.
I still think that this is probably a place worth an intervention. I think the costs in lived experiences of such failures are high, and the risk of intervention is relatively low. Modern life is full of such confusopoly situations and the forcing of ordinary people to do a bunch of research and thinking and calculating to avoid being taken advantage of during the ordinary course of life. We need to fight back.
I have been told one can usually sit together for free by asking nicely, but many families can ill afford to take that risk, and this inability to risk it or lack of knowledge that you can ask or how to ask is exactly what is being taxed here. Not cool.
In this case I favor more bundling, since the marginal cost is zero and juggling the options results in a lot of time wasted and people using their time in inferior ways. I’d like to see a form of ‘everyone watches whatever they want from wherever they want and then revenue is divided based on what they actually watch.’
The point you buried in footnote 2 deserves a much bigger deal being made out of. If anyone is charging money for anything whose marginal cost is zero,¹ this almost certainly means they are a de facto monopolist and almost certainly means that something is wrong. (If it’s a natural monopoly it should be treated as land and taxed with a LVT, if it’s not it should be broken up by anti-trust regulations, and the government should definitely not create monopolies out of thin air which wouldn’t otherwise exist, e.g. “intellectual property”. If something would be socially valuable but not otherwise profitable, it should just be explicitly subsidized. It’s not like Einstein made a living by selling royalties for relativity theory, and there’s no good reason why medicine or software development couldn’t just work like physics. Okay, I somehow gradually drifted from the obvious to the radical without noticing. Whatever.)
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¹Or even *negative*, such as that car shipped with heated seats disabled via software which can be enabled by paying a subscription, which I guess cost *more* to produce than if they hadn’t been disabled in the first place.
Nah, it was radical from the start. Yes, IP is in effect a natural monopoly, but you shouldn’t assume “monopoly” equals “something is wrong”! The median monopolist isn’t a finger-steepling corporate fat cat, it’s an indie game dev trying to decide whether to offer a 50% or 75% Steam discount. That discount level is a reasonable negotiation between “provide more marginal value” and “capture more of the value provided”, and letting market forces drive it works just fine!
The whole point on the theoretical side is that IP is not a natural monopoly. Nothing like copyright existed until the printing press became widespread enough that publishers ran into a race dynamic, which they failed to resolve by industry self-regulation, instead getting the state to write their proposal into a law and enforce it. While this step was pragmatically useful to society, over time copyright grew into a mostly harmful monstrosity.
Practically, we already see in many copyright-covered industries business models that obviously work in the absence of copyright. Musicians make their money off live events. Small game devs off patreon (or in-game purchases). Ad-supported anything. “Commoditize your complement.” The extreme is conspicuous production. Almost everything in culture would work better without copyright. Copyright is probably not even necessary for a subscription model like Substack; even if a free mirror of subscriber-only posts were completely legal, the stakes are low enough that most people would not use the option (or they would use it while simultaneously also holding a subscription).
One question is how well would non-copyright business models generalize to big-ticket cases. (Q assumes having them is valuable.) How well can full-length films fund themselves by selling the audience attention?
The more central issue is: analogs of the original motivating case still exist. The monopoly right-to-copy was originally created because, when the manuscript for a sequel to a popular book appeared, printers would race to be the first to market, and threw quality and customer experience under the bus for that. Today, a big-ticket-medium adaptation of a popular e.g. book would be in approximately this spot. While I haven’t yet thought of a satisfactory resolution, I’m willing to cause a mess in this comparatively small part for solving problems elsewhere.
In parallel, patents (including the name “patent”) derived from a form of overt extractive monopolism. The corruption and “unreasonable deadweight loss to society” part were clamped down on for a time, patents used for a reasonable purpose (an alternative to keeping innovations as trade secrets), but a lot of weeds grew up next to it by now (tragedy of anticommons; ablative-armor “patent thicket”). I’m not familiar enough with this one to satisfy Chesterton’s fence.
In the case of plane tickets — why isn’t there market pressure on aggregators already to include those fees? Are airlines not required to disclose prices to the aggregators? Do the aggregators just have bad business deals with the airlines?
I would certainly gravitate toward an aggregator that allowed me to select “total price with bags” or “total price with cancellations” or what-have-you as an option.
I’m not personally a fan of bundling a bunch of crap together I don’t need, especially with regulation. It feels like it turns into health insurance pretty quickly. Laws that are more around consumer labeling and the information being presented up front seem reasonable enough.
I assume the airlines don’t make it easy for a crawler bot to find out the prices for all the extras (like, even if they aren’t actively trying to hide it, if every airline’s website has a bespoke design, good luck automating the search), and regulation here to make a standardised API seems like a way to solve this. I am a lot less worried about regulation that forces disclosure and searchability of pricing without actually restricting the pricing options (though I know that every piece of red tape adds some overhead)
On the pro-bundling side I would have said more about the “time tax”. It’s not just that people dislike choices: they incur a real and significant time cost navigating the choices to find the optimized path for them. Regulatory kludges and confusopolies like the ones described here:
https://www.theatlantic.com/politics/archive/2021/07/how-government-learned-waste-your-time-tax/619568/
and private-sector ones created by junk fees both have this effect. Moreover, it’s a regressive tax, because it falls disproportionately on people with less free time and fewer spare cognitive resources to navigate complexity quickly. There is probably a longer article to be written about how our evolving institutions and cultural practices have advantaged the sort of people who “do the custom install” at the expense of the people who “do the default,” and I say that as a confirmed lifelong custom-installer.
See, this feels progressive. As I’ve grown in income I’ve started bundling more and optimizing less because of diminishing marginal utility.
Re: the Amazon shipping fees:
The two panels *do* differ if you buy an article and then return it. In the scenario of the bottom panel you end up with the same amount of money as you started out with, whereas in the scenario of the top panel you end up with $4.78 less.
(And I once witnessed the opposite phenomenon on eBay, when somebody sold me a replacement laptop charger for €5 + €20 for shipping, I guess in order to reduce fees owed to eBay.)
Fair point. Refunds are a strange game.
You pay a cut of shipping fees to ebay too. But it does affect returns here as well.
On the other hand there are a number of place where when you return a good they short the return by the amount they paid to ship it to you originally (which feels like a hidden gotcha).
Footnote #2 is similar to what a company called Kachingle wanted to do to pay for “free” content on the web.
You would tell Kachingle you would pay, say, $20 a month, then a web plug-in would track all the sites you visited that Kachingle accounts, then divide your $20 by the site visits at the end of the month.
Unfortunately, the chicken-and-egg problem kill their business.
Yeah, it’s a great idea once you get off the ground but tough to get past the initial problem.
The obvious solution is to use VC money to offer the service for free to users while still paying websites. Or even to not require websites to sign up, and pay them cash anyway. Seems hard, doesn’t seem obviously hopeless.
The fact that i can get out of the family seat fee thing forms its own argument for why its bad. My methods for doing so both raise operational costs for the airline (ask gate staff for a reassignment, haggle with other passengers during boarding). I dont generally begrudge basic price discrimination, but this is a form that raises overall costs. So clearly a net negative irrespective of pro fertility preferences.
>The other other side of the coin is that there is a strong prior that, however much the market might naturally botch something, we should be super cautious about saying ‘market failure!’ and thinking that in practice we can impose rules and make things better.
One interesting bit here with the specific printer/ink issue is that in theory, all you’d need to do would be to make it legal to produce pirate cartridges. There’s no physical reason you can’t do it, just patent-trolling and (AIUI) also DMCA 1201.
Air travel is a unique case because of the ridiculously high fixed costs of starting and running an airline. And most (almost all?) travelers fly 4 hours, reservation of non-premium seat, guaranteed not to get bumped involuntarily, etc.) is priced in, and then when looking for a flight, Expedia can offer a checkbox for “silver service only” and listing cam include a “silver service” label for people just browsing by price + flight times.
Sorry, that comment got garbled amd lost a bunch from the middle, due to angle brackets. Maybe an admin can fix it?
I am very in favor of the regulation requiring mandatory fees to be included in advertised prices. This is already required for air travel in the US, which means that, for instance, US airlines never embraced fuel surcharges. I don’t think there’s nearly as compelling a case for government regulation of optional fees, because different companies are going to have different priorities there, and I would rather we didn’t hinder them. For instance, some low-cost airlines charge a fee to book in person, to minimize staffing at the airport. And a lot charge you to check in in person rather than online for the same reason. Spirit charges $23 per leg to book online. Presumably because nobody in the US goes to the airport to book (the airlines that do are European, IIRC), and that $23 makes a big difference to their bottom line. (Also, they don’t have to pay the 7.5% excise tax on airfare on that money. That also drove checked bag fees.) For that matter, Spirit (and I think Ryanair) charge more for a carry-on than they do for a checked bag, because carry-ons slow boarding.
This issue (with regards to services) ties into some of the special anti-trust laws that apply to cable service providers and similar entities and tying agreements.
I think consumers are rightfully put off by tied products, especially in regards to low marginal cost services. Yet current law and policy allows an incredible amount of nonsense in these areas that isn’t allowed elsewhere.
ISPs being allowed to create (and encouraged to create) agreements not to compete may have justifications, but the degree to which they gleefully bundle, junk fee and tie their products leaves an incredibly bad taste in consumer mouths.
Being told certain channels are impossible to get, unless you also buy 50+ other unrelated channels by a company that is (via agreement illegal in almost any other industry) the ONLY real service provider at your house is rage inducing.
‘The other other side of the coin is that there is a strong prior that, however much the market might naturally botch something, we should be super cautious about saying ‘market failure!’ and thinking that in practice we can impose rules and make things better.’
I think you are waaaay underestimating the importance of this. Smart people always think ‘oh, here’s an obvious way in which life would be better if we would make rules that it should be so’, while not clearly understanding why life is not better in that specific way, and why rules (and in particular, the authority to make rules) would make it worse. The presence of outcomes that you do not like is not evidence of market failure! The ability to try and correct some of those outcomes via fiat is not the answer to jump to!
The surprise fees I hear people who’ve been to the US complain about are sales tax and expected tipping. The airline stuff seems like a way smaller deal than those two.